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CHANDRA SHEKHAR JHA
Kailash Yadav @ Basant Kumar, S/o. Kameshwar Yadav – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
(Chandra Shekhar Jha, J.)
1. Heard learned counsel for the appellants and learned Special P.P. for the State.
2. This appeal has been filed for setting aside the order dated 25-09-2023 passed by learned Addl. District and sessions Judge Ist cum special Judge, Madhepura in SC/ST (Comp.) Case No. 50/2022, whereby the learned trial court has taken cognizance of the matter under Sections-341, 323, 354(B), 504 of the IPC as well as sections-3 (1) (r) and (s) of The Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act 1989. These appellants have not filed any such appeal against the order dated 25-09-2023 earlier before this Hon'ble Court. However, the appellants filed a criminal revision application bearing CR REV No-820/2023 which has been held to be not maintainable by one of learned co-ordinate Bench vide order dated 19-02-2024 with liberty to file an appeal.
3. Hence, this appeal was preferred in view of provision as available under Section 14(3)A of SC/ST Act.
4. Learned Special PP Mr. Binay Krishna, during the course of proceeding, placed service report, of notice, issued to opposite party no. 2 which was taken on record. It appears that despite of service
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The court emphasized that criminal proceedings must be quashed if they lack prima facie evidence, preventing abuse of the judicial process.
The court ruled that allegations under the SC/ST Act must demonstrate intent to humiliate based on caste, and the second proviso of Section 14-A(3) was struck down as unconstitutional.
(1) Offence under SC/ST Act, 1989 can be quashed on the ground of compromise between parties.(2) Powers of Apex Court under Article 142 can be invoked to quash a criminal proceeding on the basis of a....
The court can quash criminal proceedings under Article 142 if the allegations do not constitute an offence and are primarily private in nature, especially in cases involving caste-based claims.
The court emphasized the need to be extremely circumspect in exercising the extraordinary jurisdiction to quash criminal proceedings under the SC/ST Act and held that the legislative intent of the Ac....
The court ruled that for an offence under the SC/ST Act, abuse must occur in public view, which was not established, leading to quashing of proceedings.
The power to quash criminal proceedings should be exercised sparingly and only in deserving cases, and allegations of mala fides against the informant are not a ground for quashing the criminal proce....
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
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